Patna High Court

Md. Jawed Alam @ Jawed KhanversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused, as the nature of the offences warranted denial of bail.

Summary

The petitioner, Md. Jawed Alam, was implicated in FIR No. 498 of 2025 for allegedly assaulting the informant's uncle with a bhala, resulting in the victim's death during treatment. He apprehended arrest and filed an application for anticipatory bail before the Patna High Court. The petition raised the seriousness of the offences, which are punishable under multiple sections of the Bharatiya Nyaya Sanhita, including sections relating to murder, assault, and offences against the public tranquility. The Court examined the nature and gravity of the allegations, noting that the offences are non-bailable and involve lethal violence. Consequently, the Court refused the grant of anticipatory bail, dismissing the petition.

Issues considered

Whether anticipatory bail can be granted in a case involving offences punishable under Sections 191(2), 191(3), 190, 126, 115(2), 117(1), 118(1), 109, 103(1), 352 and 351(2) of the Bharatiya Nyaya Sanhita.
Whether the seriousness of the alleged assault leading to death justifies denial of anticipatory bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 117(1), 118(1), 126, 190, 191(2), 191(3), 351(2), 352

Subjects

anticipatory bail
criminal procedure
assault
homicide
Bharatiya Nyaya Sanhita
high court
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.279 of 2026
                       Arising Out of PS. Case No.-498 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Md. Jawed Alam @ Jawed Khan S/O Md. Sadik Khan @ Siddik Khan@
                 Sadik Khan R/O Village- Tipau, P.S- Wazirganj, Distt.- Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhaskar Shankar, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Wazirganj P. S. Case

                   No. 498 of 2025 registered for the offences punishable under

                   Sections 191(2), 191(3), 190, 126, 115(2), 117(1), 118(1), 109,

                   103(1), 352, 351(2) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., this petitioner assaulted uncle of the

                   informant with Bhala as a result of which, he died during course

                   of treatment.

                                4. Considering the nature of accusation, prayer for

                   anticipatory bail of the petitioner is refused.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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